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TOWER LEASING CO. v. 11 WEST 42ND ST.

280 A.D. 468 (1952)

Tower Leasing Co., Inc., Appellant-Respondent, v. 11 West 42nd Street, Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1952.

Attorney(s) appearing for the Case

Edward Lazansky of counsel (Benjamin Jaffe with him on the brief; Benjamin Jaffe, attorney), for appellant-respondent.

Louis Okin of counsel (Sidney B. Moskovitz with him on the brief; Sohn & Okin, attorneys), for respondent-appellant.

PECK, P. J., COHN and VAN VOORHIS, JJ., concur with DORE, J., CALLAHAN, J., dissents and votes to reverse, in opinion.

DORE, J.

In WMCA, Inc., v. Blockfront Realty Corp. (272 App. Div. 800 [May, 1947]), this court held that the defendant therein, a tenant of an entire building subletting to undertenants all the rental space in the premises, was merely in constructive possession and not entitled to protection of the emergency rent laws. In Axelrod v. 11 West 42nd St. (274...

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